Created by Fuzzy Cloud

Judgments of 1996

1535 judgments · newest first · showing 201–400

STATE OF ANDHRA PRADESHversusGANGULA SATYA MURTHY

1996 INSC 1340Appeal(s) allowed

The State of Andhra Pradesh prosecuted Gangula Satya Murthy for raping and throttling to death a 16‑year‑old girl, Satya Vani, whose body was found on a cot in his house. The trial court convicted him under IPC sections 302 and 376, relying on medical evidence of ante‑mortem neck injuries, a fresh …

ASHOK YADAV AND ORS.versusSTATE OF MADHYA PRADESH

1996 INSC 1341Appeal(s) allowed

The appellants, including Ashok Yadav, were convicted for kidnapping and murdering a school‑going child, Avadhesh Sharma, under sections 364 and 302 of the IPC. The Supreme Court examined the prosecution's circumstantial evidence – motive, recovery of the victim's articles, the fact that the victim …

THE STATE OF PUNJABversusSARWAN SINGH

1996 INSC 1342Appeal(s) allowed

The case arose from a land dispute that escalated into a fight between two groups on 25 October 1985, during which the victim Santokh Singh sustained eight injuries, five on the head, inflicted by the respondent Sarwan Singh with a heavy weapon (gandasa). The trial court and the Punjab & Haryana …

PRIMA REALTYversusUNION OF INDIA AND ORS.

1996 INSC 1317Appeal(s) allowed

Prima Realty, a partnership firm, entered into a compulsory purchase agreement with the Union of India for a property in Chembur. The Central Government was required to tender the consideration within one month of the purchase order, but the cheque issued to Prima Realty was incorrectly made out to …

M.M.T.C. LIMITEDversusSTERLITE INDUSTRIES (INDIA) LTD.

1996 INSC 1318Disposed off

M.M.T.C. Ltd. appealed against a High Court order directing it to appoint an arbitrator under the Arbitration and Conciliation Act, 1996. The dispute arose after the 1996 Act came into force, so the Court examined whether the arbitration clause in a 1993 agreement, which provided for each party to …

R. THIRUVIRKOLAMversusPRESIDING OFFICER AND ANR.

1996 INSC 1320Dismissed

The appellant, a technician employed by Madras Fertilizers Ltd., was dismissed on 18 November 1981 after a domestic inquiry that was later held defective by the Labour Court. The Labour Court, however, allowed the employer to prove misconduct and, on its own appraisal of the evidence, upheld the …

M/S BENGAL WATERPROOF LIMITEDversusMIS BOMBAY WATERPROOF MANUFACTURING CO. AND ANR.

1996 INSC 1321Appeal(s) allowed

Bengal Waterproof Ltd., holder of the registered trademark ‘Duck Back’, sued Bombay Waterproof Manufacturing Co. for infringement and passing off. The first suit (1980) was dismissed, and a second suit (1982) was filed alleging continuous infringement after the first suit. The trial court and High …

DUTTA ASSOCIATES PVT. LTD.versusINDO MERCHANTILES PVT. LTD. AND ORS.

1996 INSC 1322Dismissed

The Commissioner of Excise, Assam invited tenders for supplying rectified spirit and received seventeen bids. After excluding two ineligible bids, the lowest eligible offer was from Dutta Associates, but the Government introduced a "viability range" (Rs. 14.72‑Rs. 15.71) not mentioned in the tender …

STATE OF PUNJAB AND ORS.versusLAL SINGH AND ORS.

1996 INSC 1323Appeal(s) allowed

The appellants, who were JBT Teachers appointed temporarily as Head Teachers, claimed an advance increment for the period of their temporary promotion. The dispute centered on which pay‑scale the advance increment should be drawn from – the scale of the temporary post (Head Teacher) or that of their …

NIVARTI GOVIND INGALE AND ORS.versusRAVANAGOUDA BHIMANGOUDA PATIL

1996 INSC 1324Appeal(s) allowed

Radhabai, the mother of the appellants, owned a parcel of land and obtained a loan from the respondent's father on the condition that she execute a sale deed in the name of his minor son, accompanied by an agreement of reconveyance. After receiving the loan, the father failed to execute the …

PUNJAB STATE ELECTRICITY BOARD, PATIALA AND ANR.versusSURJIT SINGH BRAR

1996 INSC 1325Appeal(s) allowed

The respondent, an ex‑army officer who served from 1963 to 1973, was appointed to a civil post in 1979 under the ex‑servicemen quota and was granted pay increments and seniority under the Punjab Government National Emergency (Concession) Rules, 1965 (Rules 2 and 4). The State later realised that he …

PARSHOTAM SINGH (DEAD) THROUGH LRS.versusHARBANS KAUR AND ANR.

1996 INSC 1327Appeal(s) allowed

Bakhtawar Singh died leaving his son Harsukhjit Singh and widow Pritam Kaur. Harsukhjit succeeded to property inherited from his grandfather and to a portion of his mother's self‑acquired property, which he later blended. After Harsukhjit’s death, his sons Parshotam Singh (appellants) and Lakhmir …

BRIG. SAWAI BHAWANI SINGHversusM/S. INDIAN HOTELS COMPANY LTD.

1996 INSC 1328Dismissed

The respondents, Indian Hotels Co. Ltd., claimed they were in possession of a hotel property under an agreement and sought a perpetual injunction to prevent the appellant, Brig. Sawai Bhabwan Singh, from interfering with their possession. The appellant, asserting exclusive ownership, applied for the …

UNION OF INDIA AND ORS.versusMAHENDER SINGH AND ORS.

1996 INSC 1329Appeal(s) allowed

The respondents, who served as temporary drivers (Security Assistants Motor Transport) in the Intelligence Bureau from April 24, 1986 to October 5, 1988, filed an application for regularisation of their services. The Central Administrative Tribunal directed that they be regularised with relaxation …

GOVERNMENT OE INDIA REPRESENTED BY THE SECRETARYversusK.V. SWAMINATHAN

1996 INSC 1330Appeal(s) allowed

K.V. Swaminathan applied for a freedom‑fighter pension, which was pending for a long period. The government, after giving him the benefit of doubt, granted the pension on 18 November 1989. Swaminathan filed a writ petition seeking the pension to be backdated to the date of his application. The …

RAMARAVALUGAVADEversusSATABA GAVADU GAVADE (DEAD) THROUGH LRS. AND ANR.

1996 INSC 1331Appeal(s) allowed

The appellant, an illiterate farmer, sought to bring his legal representatives on record after his uncle, a party to a civil suit, died pending appeal, causing the original appeal to abate. The High Court dismissed the application to condone the delay, citing lack of proper explanation, and upheld …

BIHAR STATE ELECTRICITY BOARDversusAKHIL KRISHNA MITRA AND ORS.

1996 INSC 1332Disposed off

The employee was appointed as a Bihar Government servant in June 1950 and was sent on deputation to the Bihar State Electricity Board (BSEB) in August 1959, later being absorbed by the Board in 1970 and retiring in 1984. The dispute concerned whether the BSEB was liable to pay the employee's pension …

STATE OF KERALA ETC.versusGURUVAYUR DEVASWOM MANAGING COMMITTEE AND ORS. ETC.

1996 INSC 1333Dismissed

The State of Kerala challenged a Kerala High Court order that sanctioned Rs 7,10,212 spent by Shri Raghavan, the Administrator of the Guruvayur Devaswom, on a clerk recruitment examination whose question paper had leaked, and also directed payment of Rs 35,000 as monetary consideration for his …

KING PAL SINGHversusSTATE OF U.P. AND ORS.

1996 INSC 1311Dismissed

The appellants, former zamindars, challenged the vesting of their estates in the State of Uttar Pradesh under the U.P. Zamindari Abolition and Land Reforms Act, 1950, which they claimed left their rights to work mines intact. The Collector issued notices to stop mining and offered leases governed by …

EAST INDIA HOTELS LTD. CALCUTTAversusCOMMISSIONER OF INCOME TAX, CALCUTTA

1996 INSC 1312Appeal(s) allowed

East India Hotels Ltd., an approved hotel, claimed both the extra depreciation allowance under clause (iii) and the extra shift depreciation allowance under clause (iv) of Item III of Appendix I to the Income Tax Rules for AY 1977-78. The Revenue argued that an approved hotel could claim only the …

DIRECTOR GENERAL OF POSTSversusB. RAVINDRAN AND ANR.

1996 INSC 1313Dismissed

The case concerned ex‑servicemen who retired before age 55 and were re‑employed in the civil service. Their pay was fixed at the minimum scale, and they claimed advance increments where the total of pay plus pension was less than the pay drawn at retirement, invoking Office Memoranda (OM) of 1958 …

SHIV SAGAR TIWARIversusUNION OF INDIA AND ORS.

1996 INSC 1314

The Supreme Court examined a public interest writ petition challenging the allotment of 52 shops and stalls by the then Minister of Urban Development, Smt. Sheila Kaul. The Court found that the allotments were made without public notice, contrary to the policy she herself had framed in 1994, and …

CHANDRASWAMI AND ANOTHERversusCENTRAL BUREAU OF INVESTIGATION

1996 INSC 1301Disposed off

The petitioners, Chandraswami and another, were accused of cheating under Sections 120B and 420 of the IPC for allegedly obtaining US$1 lakh from a complainant in 1983. They were arrested in 1988, released on bail with conditions, and later permitted to travel abroad. After a Supreme Court‑ordered …

EXECUTIVE DIRECTOR TTD AND ANR.versusD. NAGULU NAIDU

1996 INSC 1302Appeal(s) allowed

The respondent, D. Nagulu Naidu, a regularised employee of the Tirumala Tirupati Devasthanams, challenged a transfer order in a writ petition before the Andhra Pradesh High Court. The Single Judge did not suspend the transfer but held it would be decided on the merits of the petition. The respondent …

STATE OF H.P. AND ORS.versusSURINDER KUMAR MOHLNDRA AND ORS.

1996 INSC 1303Appeal(s) allowed

The respondent, an Agriculture Inspector in Himachal Pradesh, sought promotion to the post of Joint Director (Agriculture). Promotion rules required merit, seniority, a minimum three‑year service in the feeder grade and a "zone of consideration" limited to five times the number of vacancies. The …

SH. MOHAN SINGH AND ORS.versusINTERNATIONAL AIRPORT AUTHORITY OF INDIA AND ORS.

1996 INSC 1304Dismissed

The International Airport Authority of India acquired land for airport expansion by invoking the urgency power under Section 17(1) of the Land Acquisition Act, dispensing with the Section 5‑A enquiry and taking possession under Section 17(4). The appellants challenged the validity of the …

STATE OF HARYANA AND ORS.versusJASMER SINGH AND ORS.

1996 INSC 1305Appeal(s) allowed

The State of Haryana appealed a High Court order that had granted daily‑wage mail‑cum‑chowkidars and pump operators the same salary as regular employees of the same posts. The Supreme Court held that the principle of "equal pay for equal work" cannot be mechanically applied to daily‑rated workers …

STATE OF HARYANAversusDHARAMPAL, WATER PUMP OPERATOR AND ORS.

1996 INSC 1306Appeal(s) allowed

The State of Haryana appealed against orders of the Punjab and Haryana High Court that had granted regularisation and equal‑pay relief to a group of casual water‑pump operators led by Dharampal. The workers claimed that, on the principle of equal pay for equal work, they were entitled to be …

SEWA KAURversusSTATE OF PUNJAB

1996 INSC 1307Dismissed

Sewa Kaur and her paramour Bakhshish Singh were convicted for the murder of Sewa's husband, Havaldar Gurdev Singh, under IPC sections 302 and 201. The prosecution relied on the sole eyewitness testimony of the victim's son, extra‑judicial confessions made to a police informant, medical evidence of …

SHEAPUJAN BHAGATversusTHAKUR HEMBROM AND ORS.

1996 INSC 1308Disposed off

The village headman Hari Hembrom resigned voluntarily, rendering the village a 'Khas village' under Section 4(ix) of the Santai Parganas Tenancy (Supplementary Provisions) Act, 1949. An election was held and the appellant, Sheapujan Bhaghat, was declared the winner, which the respondent, Thakur …

EMPLOYEE'S STATE INSURANCE CORPORATIONversusM/S. F. FIBRE BANGALORE (P) LTD.

1996 INSC 1309Appeal(s) allowed

The Employees' State Insurance Corporation (ESIC) sought recovery of employer contributions from M/S F. Fibre Bangalore (P) Ltd., which disputed the liability and quantum of the contribution. The dispute centered on whether, under Section 75 of the Employees' State Insurance Act, 1948, the …

SMT. TULSA BAIversusSTATE OF MADHYA PRADESH AND ORS.

1996 INSC 1310Dismissed

Sm. Tulsabai filed a suit seeking declaration of title and an injunction against the State of Madhya Pradesh and others, asserting that she purchased a plot and built a house using her own funds. The State contended that the house was held in her name as a benami transaction to shield her husband, a …

S.P. ANAND, INDOREversusH.D. DEVE GOWDA AND ORS.

1996 INSC 1293Dismissed

The petitioner, S.P. Anand, filed a public‑interest litigation under Article 32 challenging the appointment of H.D. Deve Gowda as Prime Minister on the ground that he was not a member of either House of Parliament, alleging violations of Articles 14, 21 and 75 of the Constitution. The Court examined …

RELIANCE SILICON (I) PVT. LTD.versusCOLLECTOR, CENTRAL EXCISE, THANE

1996 INSC 1294

The Supreme Court examined three groups of appeals concerning the classification of silicone products for Central Excise and Customs duties. It held that silicone oil that has undergone condensation, polycondensation or polyaddition falls under Central Excise Tariff Item 15A(1) and the corresponding …

DR. K. MADANversusKRISHNAWATI (SMT.) AND ANOTHER

1996 INSC 1291Disposed off

The appellant, a lady doctor, rented the ground floor of a house in 1963 for residential-cum-clinic purposes. She later built her own house and shifted her residence, but continued using the rented premises solely as a clinic. The respondent landlady filed for eviction under Section 14(1)(k) of the …

SMT. GULAB DEVIversusTHE DEPUTY DIRECTOR OF CONSOLIDATION AND ORS.

1996 INSC 1295Appeal(s) allowed

The appellant, Gulab Devi, succeeded to her father's tenancy under Section 35 of the Uttar Pradesh Tenancy Act, 1939, along with her sister Ram Kumari. After the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 came into force, Ram Kumari died unmarried while Gulab Devi was already …

K.P.A. VELLAYAPPA NADAR (DEAD) THROUGH LRS.versusBHAGIRATHI AMMAL AND OTHERS

1996 INSC 1296Appeal(s) allowed

The appellant, K.P.A. Vellayappa Nadar, was a partner in a firm formed in 1954. In February 1970, due to his old age, the partners mutually dissolved that firm and settled accounts, and a new partnership was created on 15 February 1970 without the appellant. After the death of one partner in 1972, …

SHRI TULSIversusSMT. PARO (DEAD)

1996 INSC 1297Appeal(s) allowed

The respondent, Paro, sued Tulsi for possession of agricultural land, alleging Tulsi was merely a licensee who cultivated the land on her behalf. Tulsi contended he was a tenant at will, a status reflected in revenue records from 1951‑52 to 1971‑72 where he was listed as "Gar Marusi" and he had …

JAI DAYAL AND ORS.versusKRISHAN LAL GARG AND ANR.

1996 INSC 1298Appeal(s) allowed

Jai Dayal sued Krishan Lal Garg for a perpetual and mandatory injunction to keep a 5‑ft passage between their houses free from obstruction. The trial court granted the injunction in 1964, which was confirmed on appeal. After the obstruction was initially removed, Garg later built a shop that …

M. POORNACHANDRAN AND ANR.versusSTATE OF TAMIL NADU AND ORS.

1996 INSC 1292Dismissed

The Supreme Court considered a review petition (No. 2070 of 1996) filed by Shri Prabir Chowdhury on behalf of M. Poornachandran and others against a judgment of the Madras High Court. The petitioner was not the advocate‑on‑record (AOR) who argued the original appeal, nor was he present during the …

VIJAY KUMAR NIGAM (DEAD) THROUGH LRS.versusSTATE OF M.P. AND ORS.

1996 INSC 1299Dismissed

V.K. Nigam, a Sub‑Inspector, was found to have received illegal gratification from a gambling organiser and was dismissed from service after a departmental inquiry. He challenged the dismissal, contending that he was not furnished with the preliminary inquiry report, violating natural justice, and …

UNION OF LNDIA AND ORS.versusSUSHIL KUMAR MODI AND ORS.

1996 INSC 1280Disposed off

The Supreme Court heard appeals against a Patna High Court order that, in an application for extension of time, directed all CBI investigation reports in the Bihar "Fodder Scam" to be submitted directly to the High Court and barred the Director of the CBI from intervening in the investigation. The …

TMT. NOORJAHANversusTMT. SULTAN RAJIA @THAJU AND ORS.

1996 INSC 1282Dismissed

Syed Abu Thakir was injured while alighting from a bus owned by the appellant and died en route to the hospital. His family claimed Rs 92,000 compensation from the bus owner, the insurer, and the driver. The Motor Vehicles Tribunal awarded the full amount but limited the insurer's liability to Rs …

IN RE: AJAY KUMAR PANDEY...CONTEMNERversus.

1996 INSC 1283Disposed off

Advocate Ajay Kumar Pandey filed petitions and letters containing intemperate, insulting language against two Supreme Court judges, demanded apologies and compensation, and threatened to prosecute them, also filing a criminal complaint in a magistrate's court. The Supreme Court, after giving him …

ORISSA MINING CORPORATION AND ANR.versusANANDA CHANDRA PRUSTY

1996 INSC 1284Dismissed

The appellant, Orissa Mining Corporation, dismissed its Assistant Accounts Officer, the respondent, after a disciplinary inquiry found him guilty of making false notings that led to loans being sanctioned to ineligible persons and of failing to maintain proper registers. The respondent challenged …

S.K. NAIRversusSTATE OF PUNJAB

1996 INSC 1285Dismissed

The appellant, an army personnel, was convicted of murder and causing injuries with a khukri in a barracks. He appealed, asserting that he was a diagnosed paranoid and therefore incapable of understanding his acts, seeking protection under Section 84 of the Indian Penal Code. The Supreme Court …

STATE OF MADHYA PRADESHversusDHIRENDRA KUMAR

1996 INSC 1286Appeal(s) allowed

The State of Madhya Pradesh prosecuted Dhirendra Kumar for the murder of Munibai, alleging motive stemming from an 'evil eye' and supported by eye‑witness testimony, a dying declaration, and the recovery of the murder weapon, a revolver stolen from the police malkhana. The trial court convicted …

COMMISSIONER OF INCOME TAX, ANDHRA PRADESHversusB. POSETTY AND CO.

1996 INSC 1281Dismissed

The main partnership, Mis. Nizamabad Group Sendhi Contractors, was a licensed lessee under the Abkari Act and was registered under the Income Tax Act. One of its partners, B. Posetty, could not meet his capital contribution, so he and nine others formed a sub‑partnership, "B. Posetty and Co.," to …

RAJ KUMAR GUPTAversusLT. GOVERNOR, DELHI AND ORS.

1996 INSC 1287Appeal(s) allowed

The Lt. Governor of Delhi authorized Raj Kumar Gupta, Patron of a workers' union, to file a complaint under Section 34 of the Industrial Disputes Act, 1947 against the employer for alleged unfair labour practices punishable under Section 25‑U. The employer challenged the order, and the Delhi High …

COMMANDER HEAD QUARTER CALCUTTA AND ORS.versusCAPT. BIPLA BENDRA CHANDA

1996 INSC 1288Dismissed

The respondent, a commissioned officer who retired in May 1982, was denied a pension because, under the rules then in force, only two‑thirds of his pre‑commissioned service counted toward the qualifying service required for pension eligibility. In 1986 the government issued revised pension rules …

SHANTINATH RAMU DANOLE AND ANR.versusJAMBU RAMU DANOLE AND ORS.

1996 INSC 1290Appeal(s) allowed

Shantinath Ramu Danole and his mother Housabai (deceased) sued Jambu Ramu Danole for partition of ancestral land, claiming a two‑thirds share as the legitimate son and widow of Ramubabu Danole. The defendant denied that Housabai was ever married to Ramubabu and claimed sole ownership. The trial …

SASADHAR CHAKRAVARTY AND ANR.versusUNION OF INDIA AND ORS.

1996 INSC 1272Dismissed

The petitioners, a retired employee of Indian Oxygen Ltd. and a pensioners’ society, challenged the scheme of the company’s non‑contributory approved superannuation fund. They argued that improvements made to the fund in 1985 should have been extended to existing pensioners and that the denial of …

INDIRA SAWHNEYversusUNION OF INDIA AND ORS.

1996 INSC 1273Disposed off

The Supreme Court revisited the implementation of its earlier Mandal judgment, which required the exclusion of socially advanced persons (the "creamy layer") from reservations for Other Backward Classes (OBCs). The State of Kerala had repeatedly failed to comply with the Court's directions despite …

COMMON CAUSE A REGD. SOCIETYversusUNION OF INDIA AND ORS.

1996 INSC 1274

The Supreme Court examined the arbitrary allotment of fifteen petrol pumps by the then Minister of Petroleum, Capt. Satish Sharma, finding that the allocations were made without any official application, advertisement, or criteria, and favoured relatives and associates, thereby violating Article 14 …

RAJ KUMAR KARANWALversusTHE COMMISSIONER AND ANR.

1996 INSC 1275Dismissed

The petitioner had placed a bid in a 1993‑94 toll‑lease auction but could not take over the lease because the earlier contractor obtained a stay that later lapsed. For the years 1995‑97, instead of conducting a fresh auction, the Executive Engineer recommended that the petitioner be granted a lease …

UNION OF INDIA AND ORS.versusMAJOR R.N. MATHUR

1996 INSC 1276Appeal(s) allowed

Major R.N. Mathur was granted a permanent NCC commission in 1980 with an appointment letter stating that, if fit, he could serve until the age of 55. The Central Administrative Tribunal directed that he be retained in service until the age of 57. On appeal, the Supreme Court examined whether the …

UNION OF INDIAversusK.R. THAMPI

1996 INSC 1277Appeal(s) allowed

The appellant Union of India appealed against a decision of the Central Administrative Tribunal which had granted the respondent, K.R. Thampi, a higher pay scale of Rs. 2200‑4000 (Assistant Director) after he was re‑allocated from a temporary veterinary post to the Geological Department as an …

UNION OF INDIA AND ORS.versusSITARAM SHIVHANDRAI GARODIA AND ANR.

1996 INSC 1278Disposed off

The Union of India sought to acquire 130 acres 19 guntas of land in Survey No. 249 for a railway project under the Land Acquisition Act, 1894. The railway later withdrew its proposal, and the respondents challenged the acquisition, arguing that the earlier High Court had set aside eviction …

SOWRASHTRA VIPRA SABHAversusTHE NAMAKKAL MUNICIPALITY AND ANR.

1996 INSC 1279Dismissed

The Sowrashtara Vipra Sabha filed a suit seeking a declaration of title and a perpetual injunction over land it claimed as an estate. The respondents, Namakkal Municipality and others, argued that the land was Pavadi land which, after the abolition of the estate, vested in the State free of …

ANOKHE LALversusRADHAMOHAN BANSAL AND OTHERS.

1996 INSC 1265Appeal(s) allowed

The landlord filed an eviction suit against a partnership firm. The son of a deceased partner sought to be impleaded as an additional defendant, first under Order I Rule 10(2) CPC and later under Order 30 Rule 4 CPC, both applications being dismissed by the trial court and the district court. While …

MURARI AND ORS.versusUNION OF INDIA AND ORS.

1996 INSC 1266Dismissed

The Supreme Court examined the acquisition of several thousand acres of land for the planned development of Delhi under the Land Acquisition Act, 1894, where notifications under Section 4 were issued between 1959 and 1965 and declarations under Section 6 between 1966 and 1969, but awards were …

M/S CHEEMA ENGINEERING SERVICESversusRAJAN SINGH

1996 INSC 1267Appeal(s) allowed

Mis Cheema Engineering Services sold a brick‑making machine ("Brickman") to Rajan Singh. The dispute centered on whether Singh used the machine for self‑employment, i.e., exclusively to earn his livelihood, or for a commercial purpose, which would exclude him from the definition of "consumer" under …

GOVERNMENT OF A.P. AND ANR.versusG. LAKSHMAN REDDY AND ANR.

1996 INSC 1268Dismissed

A compound wall erected at police quarters in Nizamabad obstructed a public way, leading to an ex‑parte decree for its demolition. A warrant for demolition was issued and court officers proceeded to the site, but Circle Inspector Narasimha Raju, Sub‑Inspector Laxminarayana and other police personnel …

ABDUL MAJEED SAHIB AND ANR.versusTHE DISTRICT COLLECTOR AND ORS.

1996 INSC 1269Dismissed

The State issued a notification (Section 4) on 16 Oct 1987 and a declaration (Section 6) in June 1988 to acquire land for a telephone exchange. Because the Land Acquisition Officer failed to make a compensation award within the two‑year period prescribed by the newly inserted Section 11‑A (Amendment …

SH. VIJAY SINGH, SECRETARY HOME AND ANR.versusMITTANLAL HINDOLIYA

1996 INSC 1270Appeal(s) allowed

The respondent, a Sub‑Inspector, applied to the Madhya Pradesh Administrative Tribunal for correction of his date of birth from 5 August 1934 to 16 July 1938. The Tribunal directed the employer to consider his representation, which was subsequently considered and rejected. The respondent then …

DR. MAHAK SINGHversusCHANCELLOR, CH. CHARAN SINGH UNIVERSITY, MEERUT AND ORS.

1996 INSC 1259Dismissed

Three senior lecturers (Dr. Mahak Singh, Dr. S.P. Singh and Dr. Rajvir Singh) of a college affiliated to Meerut University contested who should be appointed Acting Principal after the principal’s vacancy in October 1993. All were senior lecturers drawing the same salary, but their dates of promotion …

STATE OF TAMIL NADUversusM/S. AROORAN SUGARS LTD.

1996 INSC 1258Appeal(s) allowed

The respondent, Arooran Sugars Ltd., owned over 3,400 acres of land that was declared surplus under the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961. The original compensation rate was nine times the net annual income, but the 1972 Fourth Amendment reduced it to two times. A 1974 …

BINAY KUMAR SINGHversusTHE STATE OF BIHAR

1996 INSC 1260Dismissed

The case arose from a 1980 massacre in Paras Bigha, Bihar, where 13 people were killed and many injured. The appellants were convicted under Sections 302 and 149 of the IPC for participation in an unlawful assembly. They challenged the conviction on several grounds, including that the FIR should …

STATE OF TAMIL NADUversusSIVARASAN @RAGHU @SIVARASA AND ORS.

1996 INSC 1261Case Partly allowed

The State of Tamil Nadu appealed the acquittal of nine accused, members of the LTTE, for alleged possession of explosives and conspiracy under the Terrorist and Disruptive Activities (Prevention) Act (TADA) and the Explosive Substances Act. The trial court had excluded two typewritten confessional …

UNION TERRITORY, CHANDIGARHversusKRISHAN BHANDARI

1996 INSC 1262Appeal(s) allowed

Krishan Bhandari, originally appointed as a temporary Science Master in the Union Territory of Chandigarh, was later transferred to the post of Science Supervisor on his own pay scale and later confirmed as a Science Master. He claimed that, because he performed the same duties as a District Science …

BIHAR PUBLIC SERVICE COMMISSION AND ORS.versusMANOJ KUMAR PANDEY AND ORS.

1996 INSC 1263Appeal(s) allowed

The Bihar Public Service Commission (BPSC) introduced a system of centralised evaluation of answer books for the 38th Combined Competitive Examination, a decision taken by the Chairman and a majority of members on 18 September 1993. The High Court set aside this decision, holding that the process of …

STATE OF KERALAversusSASI

1996 INSC 1264Appeal(s) allowed

On 2 November 1990 the respondent struck the deceased on the head with a bamboo stick, causing severe skull fractures and brain injury. The deceased died eleven days later in hospital. The trial court convicted the respondent for murder under Section 302 of the Indian Penal Code and sentenced him to …

M/S J.B. BODA AND CO. PVT. LTD.versusCENTRAL BOARD OF DIRECT TAXES, NEW DELHI

1996 INSC 1254Appeal(s) allowed

Mis J.B. Boda & Co. Pvt. Ltd., a reinsurance broker, received a commission in US dollars after deducting its fee from the gross reinsurance premium it remitted to foreign reinsurers with RBI approval. The company claimed that the retained commission constituted "income received in convertible …

HINDUSTAN PAPER CORPORATIONversusPURNENDU CHAKROBARTY AND ORS.

1996 INSC 1255Disposed off

Purnendu Chakrobarty, a senior employee of Hindustan Paper Corporation, was charged in a murder case and repeatedly applied for leave without proper sanction or medical certificates, resulting in unauthorised absence for more than eight consecutive days. The corporation invoked Rule 23(vi)(E) of its …

STATE OF HARYANA AND ORS.versusSHRI SURAJ BHAN

1996 INSC 1256Appeal(s) allowed

Shri Suraj Bhan, a driver employed since 1970, was declared medically unfit to drive heavy vehicles in 1992 and retired in 1995. He sought a compassionate appointment for his son, and the Punjab and Haryana High Court ordered the appellant corporation to appoint the son on compassionate grounds. On …

MITHILESH KUMARversusMANOHAR LAL

1996 INSC 1257Appeal(s) allowed

Mithlesh Kumar filed a suit for perpetual injunction against Manohar Lal to prevent construction that would violate a 1964 agreement restricting openings and structures on the land purchased by the respondent. The respondent argued that the agreement, though unregistered, was a compulsorily …

C.P. AGRAWAL ETC. ETC.versusP.O. LABOUR COURT AND ANR.

1996 INSC 1242Dismissed

The appellants, employees of the Steel Authority of India, claimed they were illegally denied promotion to the post of E‑1 despite their juniors being promoted, alleging a violation of Article 16 of the Constitution and that the promotion rules altered their conditions of service under Section 33‑A …

KISHORE CHANDRA PANIGRAHIversusSTATE OF ORISSA AND ORS.

1996 INSC 1243Dismissed

The appellant, a Class IV peon appointed in 1976, was temporarily promoted to the Class III post of Junior Clerk in 1982 and later reverted to his original post in 1986. He challenged the reversion before the Orissa Administrative Tribunal, which held that the promotion was contrary to the 1963 …

KARTAR KAUR AND ANR.versusMILKHO AND ORS.

1996 INSC 1244Appeal(s) allowed

The appellants, the widow and daughter of the deceased Atma Singh, challenged a registered will that left all of his property to his sister (the first respondent) and subsequent sale deeds that transferred land to the sister's son. The trial court found numerous suspicious circumstances—such as …

NAHAR SINGHversusHARNAK SINGH AND ORS.

1996 INSC 1245Dismissed

The appellant entered into an agreement of sale for immovable land that was described only in vague terms, lacking exact area, boundaries, and khasra numbers. The trial court granted specific performance without examining the identifiability of the property. On appeal, the lower appellate court held …

M/S. C.S. COMPANY AND ORS.versusKERALA STATE ELECTRICITY BOARD

1996 INSC 1246Dismissed

The petitioners filed a suit for settlement of accounts and a declaration that they were entitled to recover damages under a contract dated May 12, 1983. They later applied, under Order VI Rule 17 of the CPC, to amend the plaint to convert the suit into a damages suit by quantifying the claimed …

M/S. MOTORS AND INVESTMENTS LTD.versusTHE NEW BANK OF INDIA AND ORS.

1996 INSC 1248Disposed off

Mis Motors and Investments Ltd. had purchased 44 acres of land at a court auction for Rs 77,500 after no other bids were received. The land belonged to insolvent respondents whose interest vested in the official assignee, who was directed to sell the property. On appeal, other respondents offered …

STATE OF RAJASTHANversusSRIRAM VERMA AND ANR

1996 INSC 1249Appeal(s) allowed

The State of Rajasthan promoted thirteen officers under Rule 28‑B of the Rajasthan Administrative Service Rules, 1954, nine on seniority‑cum‑merit and four on merit. Sriram Verma, a senior officer, claimed his junior Ashok Kumar Sanvaria was promoted over him and appealed to the Rajasthan Civil …

PRABHU SHANKAR JAISWALversusSRI SHEO NARAIN JAISWAL

1996 INSC 1250Appeal(s) allowed

The appellant and several respondents were partners in an unregistered partnership firm and a suit for dissolution and accounts was filed by one partner. The partnership deed contained an arbitration clause, leading the appellant to obtain a stay of the suit under Section 34 of the Arbitration Act …

STATE OF U.P.versusBAL KISHAN DAS AND ANR.

1996 INSC 1251Disposed off

The case concerned the murder of Rama, a young woman who disappeared from her matrimonial home and whose body was later found in a hold‑all at New Delhi railway station. The prosecution relied on identification of the victim by her sister through the red saree and glass bangles, forensic evidence of …

H.M.T. LTD.versusH.M.T. HEAD OFFICE EMPLOYEES ASSOCIATION AND ORS.

1996 INSC 1252Disposed off

The case concerned five public‑sector undertakings whose workmen had gone on an illegal but justified strike demanding wage parity with BHEL, followed by a lock‑out declared by management. The National Industrial Tribunal awarded the workers 35% of their wages for the strike and lock‑out periods, …

C.T. LTD. AND ANR.versusCOMMERCIAL TAX OFFICER AND ORS.

1996 INSC 1241Appeal(s) allowed

C.T. Ltd. and another, engaged in the tea trade, entered into a contract with the State Trading Corporation (STC) to supply unblended Assam tea to an Iranian buyer. To fulfil this contract they purchased tea from auction brokers. The sales tax authorities demanded payment of sales tax on these …

S. VASUNDARAversusCANARA BANK AND ORS.

1996 INSC 1235Dismissed

The petitioner, a manager of Canara Bank, was convicted by a criminal court for offences under Sections 420, 477A of the IPC and Sections 5(2) read with 5(1)(d) of the Prevention of Corruption Act, and sentenced to one year imprisonment with fines. The High Court later suspended the sentence pending …

KUNWAR ARUN KUMARversusU.P. HILL ELECTRONICS CORPORATION LTD. AND ORS.

1996 INSC 1236Dismissed

The petitioner was appointed on probation on 15 January 1990 with a clause allowing termination without assigning any reason during the probation period. He was terminated on 16 January 1991 on the ground that his work performance was unsatisfactory and he was regularly absent. The petitioner …

SH. RAMESH KUMARversusUNION OF INDIA AND ORS.

1996 INSC 1237Dismissed

Sh. Ramesh Kumar, a casual labourer (chowkidar) engaged in 1986 and granted temporary status in 1987, challenged his non‑absorption after the winding up of the Central Organisation for Operations and Information System (COOIS). The appellant alleged that his seniority over a junior employee, Rohtas …

THE DIRECTOR, MINISTRY OF COAL AND ORS.versusBIMLENDU KUMAR

1996 INSC 1238Appeal(s) allowed

Bimlendu Kumar was appointed on probation to a temporary post under the Coal Mines Provident Fund (Employees Recruitment) Rules, 1982. His appointment was terminated on May 14, 1989, and he claimed the termination was illegal because his probation had not been extended beyond three years, arguing …

THE REGIONAL PROVIDENT FUND COMMISSIONERversusS.D. COLLEGE, HOSHIARPUR AND ORS.

1996 INSC 1239Appeal(s) allowed

The Supreme Court considered an appeal by the Regional Provident Fund Commissioner against S.D. College, Hoshiarpur and other educational institutions for failing to deposit statutory EPF contributions after a 1988 Supreme Court order directing compliance. Despite the order, the respondents …

NINGE GOWDAversusLINGE GOWDA AND ORS.

1996 INSC 1240Appeal(s) allowed

Ninge Gowda filed a suit for declaration of title and injunction, claiming that the land in dispute was ancestral property that had been partitioned among his father and his father's brothers before 1936, and subsequently partitioned again in 1936 between Ninge Gowda and his brothers, with a …

UNION OF INDIA AND ORS.versusVIPINCHANDRA HIRALAL SHAH

1996 INSC 1224Disposed off

Vipin Chandra Hiralal Shah, a Gujarat Administrative Service officer, was omitted from the 1979 promotion list and thereafter no separate select lists were prepared for 1980‑85. In 1986‑87 a consolidated list covering vacancies from 1980‑86 was prepared, again excluding Shah. He challenged this …

NEW SHARROCK MILLSversusMAHESHBHAI T. RAO.

1996 INSC 1225Appeal(s) allowed

New Sharrock Mills terminated Badli workman Maheshbhai T. Rao after a departmental inquiry found him guilty of serious misconduct for abusing a senior officer. Rao challenged the discharge before the Labour Court under Section 78 of the Bombay Industrial Relations Act, 1946, seeking reinstatement …

STATE BANK OF BIKANER AND JAIPURversusSRINATH GUPTA AND ANR .

1996 INSC 1227Appeal(s) allowed

The State Bank of Bikaner & Jaipur dismissed its employee S.N. Gupta on charges of accepting bribes, based on a departmental inquiry that incorporated witness statements recorded under Section 161 of the Criminal Procedure Code. The CBI investigation later found no reliable evidence, but the …

SH. BHAGWAN DAS SOODversusSTATE OF HIMACHAL PRADESH AND ORS.

1996 INSC 1228Dismissed

The appellant, a small retailer dealing in scheduled agricultural produce in Kasauli (a notified market area of Solan district), challenged the requirement to obtain a licence under Section 4(3) of the Himachal Pradesh Agricultural Produce Marketing Act, 1949 and to pay the market fee. He argued …

THE STATE OF PUNJABversusNATIONAL ORGANIC CHEMICAL INDUSTRIES LTD.

1996 INSC 1229Dismissed

The State of Punjab prosecuted National Organic Chemical Industries Ltd. for allegedly selling an adulterated insecticide, Monocil. An Insecticide Inspector seized two samples, sent one to the Public Analyst who reported the product non‑conforming, and issued a show‑cause notice. The respondent …

K.M. SRINIVASANversusK.M. ARUMUGHAM

1996 INSC 1230Appeal(s) allowed

The appellant and respondent, brothers, inherited a three‑storey building in Madras. A partition deed dated 27 August 1953 stipulated that the ground floor was to be enjoyed jointly, while the first and second floors were to be allotted to each brother respectively. Dispute arose over the manner of …

SUB-INSPECTOR SADHAN KUMAR GOSWAMI AND ORS.versusTHE UNION OF INDIA AND ORS.

1996 INSC 1231Dismissed

The petitioners, Group C and D employees of the Special Security Bureau in the North‑Eastern Region, filed a writ petition under Article 32 seeking the special duty allowance that had been granted to Group A and B officers. The Supreme Court, in Union of India v. S. Vijay Kumar (1994), had held that …

SURJEET SINGH CHHABRAversusUNION OF INDIA AND ORS.

1996 INSC 1232Dismissed

The petitioner, Surjeet Singh Chhabra, purchased gold in India, fashioned it into a Sikh religious ornament called a Kara, and brought it into the country. He was subsequently seized and a confiscation order was issued under the Foreign Exchange Regulation Act (FERA) and the Customs Duty Act. …

STATE OF ORISSA & ORS. ETC.versusSADASIVA MOHANTY

1996 INSC 1233Appeal(s) allowed

The Supreme Court examined whether the Government of Orissa could levy a penal rent of five times the standard rent on retired government servants who overstayed in allotted government quarters beyond the four‑month period prescribed under Rule 11 of the Orissa Service Code. The respondents, former …

SMT. INDIRA SOHAN LAL (DEAD) BY LRS.versusUNION OF INDIA

1996 INSC 1221Dismissed

The case concerned compensation for 38.5 bighas of land acquired under the Land Acquisition Act, 1894. The District Collector had awarded Rs 700 per bigha for land with deep pits of 8‑10 ft, which was enhanced by the reference court to Rs 4,000 and further by the Delhi High Court to Rs 7,000 per …

P. RAJAN AND ANR.versusTHE KERALA STATE ELECTRICITY BOARD AND ANR.

1996 INSC 1222Dismissed

The Kerala State Electricity Board acquired 7 acres 8 cents of land and a building under a notification issued on 13 October 1979 pursuant to Section 4(1) of the Land Acquisition Act, 1894. The Land Acquisition Officer fixed compensation at Rs 1,432.50 per cent for the land, which the Reference …

PIECO ELECTRONICS AND ELECTRICALS LTD.versusCOLLECTOR OF CENTRAL EXCISE, PUNE

1996 INSC 1212Dismissed

Pieco Electronics manufactured plastic parts that fell under Entry 15A(2) of the Central Excise Tariff but were exempt from duty by Notification No. 68/71. The Finance Bill, 1982 proposed to amend Entry 15A(2) so that the parts would be classified under Entry 68 and become liable to excise duty, and …

MR. ANTHONY C. LEOversusNANDLAL BAL KRISHAN AND ORS.

1996 INSC 1213Appeal(s) allowed

In a suit concerning the dissolution of a partnership, a receiver was appointed to preserve the disputed property, which included a restaurant premises occupied by the appellant, Anthony C. Leo, as a tenant. The receiver filed reports alleging that the tenant had made unauthorised constructions and …

GODABARISH MISHRAversusKUNTALA MISHRA AND ANR.

1996 INSC 1214Appeal(s) allowed

The accused, Kuntala Mishra, a midwife, was alleged to have murdered her daughter‑in‑law Geeta by strangulating her with a petticoat string after a dowry dispute. Geeta had undergone a D&C operation and was under the effect of phenargan, rendering her drowsy. She was found dead in the accused's …

DIVYA DIP SINGH AND ORS.versusRAM BACHAN MISHRA AND ORS.

1996 INSC 1215Dismissed

The father of three minor sons filed a title suit in which the minors were added as co-plaintiffs and a court‑appointed guardian was assigned. After the suit was compromised, the father, acting as natural guardian, sold the suit land to the first respondent without obtaining prior court sanction, …

CHANDIGARH ADMINISTRATIONversusSH. SUMESH KUMAR ETC.

1996 INSC 1216Dismissed

The Chandigarh Administration issued show‑cause notices to several teachers who had been promoted from Classical and Vernacular posts to Master/Mistress (TGT) positions, alleging that the promotions violated the Chandigarh Education Service (School Cadre) Group ‘C’ Recruitment Rules, 1991 which, it …

S. JAFFAR SAHIBversusSECRETARY A.P.P.S.C. AND ORS.

1996 INSC 1217Dismissed

S. Jaffar Sahib, a general‑category candidate, was denied appointment as Deputy Collector for the 1980‑81 recruitment, where five posts were reserved and five were open. He challenged the appointment of six candidates from reserved categories, alleging that the reservation rules were violated. The …

STATE OF U.P. AND ORS. ETCversusPURUSHOTTAM PANDEY AND ORS. ETC.

1996 INSC 1218Appeal(s) allowed

The respondents were employees of a privately managed agricultural school that received grant-in-aid and offered a two‑year Agricultural Extension Diploma. After the State of Uttar Pradesh abolished the diploma course, the employees were terminated and sought post‑retirement benefits under the Uttar …

DEVENDRA NARAYAN SINGH AND ORS.versusSTATE OF BIHAR AND ORS.

1996 INSC 1219Appeal(s) allowed

The appellants, recruited to the Bihar State Police Service in 1969, were promoted to the Indian Police Service (IPS) after being placed in a select list prepared in 1985 pursuant to a Supreme Court direction to prepare a list for the year 1983. Although the list was approved by the Union Public …

RAIZUR REHMAN KHAN AND ORS. ETC.versusSTATE OF U.P. AND ORS.

1996 INSC 1220Dismissed

The appellant, a family waqf (Waqf Alai Aulad) created before May 1, 1959, sought exemption from land‑ceiling provisions on the ground that its income was used for charitable and religious purposes as well as for the welfare of the settler’s family. The claim was made under clause (f) of Section …

THE STATE OF RAJASTHAN AND ANR.versusTALIB KHAN AND ORS. ETC.

1996 INSC 1211Appeal(s) allowed

The respondents were detained under Section 3(1) of the National Security Act, 1980 by the District Magistrate, Jaisalmer on 7 January 1987. Grounds of detention were not supplied within the statutory five‑day period; the magistrate recorded “exceptional circumstances” on 11 January and supplied the …

M/S. SPEED WAYS PICTURE PVT. LTD. AND ANR.versusUNION OF INDIA AND ANR.

1996 INSC 1202Appeal(s) allowed

M/s Speed Ways Picture Pvt. Ltd. and another appealed to the Supreme Court after the Bombay High Court dismissed their writ petition on 28 June 1995 through a "minutes of order" signed by counsel. The appellants filed a review petition, which the High Court rejected on the ground that the order was …

THE HARYANA URBAN DEVELOPMENT AUTHORITY AND ANR.versusROOCHIRA CERAMICS AND ANR.

1996 INSC 1203Appeal(s) allowed

The Haryana Urban Development Authority (HUDA) allotted an industrial plot to the respondent, who was required to pay 25% of the price upfront and the balance in six instalments. After paying only the first instalment, the respondent defaulted; HUDA issued a show‑cause notice under section 17(3) of …

MRS. SEEMA KUMARI SHARMAversusSTATE OF HIMACHAL PRADESH AND ANR.

1996 INSC 1206Appeal(s) allowed

The appellant, a candidate for Junior Basic Teacher training in Himachal Pradesh, claimed extra marks under the selection criteria for candidates belonging to Integrated Rural Development Programme (IRDP) families. The Director of Education’s notice allotted 10 marks for IRDP status, but the …

UNION OF INDIA AND ORSversusBISHAMBER DUTT

1996 INSC 1207Appeal(s) allowed

The Court considered appeals by the Union of India against a Central Administrative Tribunal order directing the regularisation of certain Class IV employees appointed on a part‑time basis in the Controller of Defence Accounts. The respondents, appointed on specific dates between 1990 and 1994, …

M/S ANAMALLAI CLUBversusTHE GOVERNMENT OF TAMIL NADU AND ORS.

1996 INSC 1208Disposed off

The Anamalai Club held a licence for 28.70 acres of government land for sports and recreation. The State of Tamil Nadu terminated the licence under Section 3 of the Government Grants Act, 1895 and resumed possession with police assistance on the same day, without issuing a notice under the Tamil …

S. VALLINAYAGAM AND ORS.versusLUKE STEPHEN AND ANR.

1996 INSC 1209Disposed off

The appeal arose from a Kerala High Court order in a suit seeking an injunction restraining the alienation of land. The petitioner, engaged in cardamom cultivation, argued that certain trees needed to be cut to allow uninterrupted plantation and to remove diseased plants. The respondent contended …

UNION OF INDIA AND ORS.versusHARISH BALKRISHNA MAHAJAN

1996 INSC 1210Appeal(s) allowed

Harish Balkrishna Mahajan was appointed on a temporary, monthly basis as a Medical Officer in the Central Government Health Scheme from August 1982 to August 1987 during a doctors' strike. After his termination he approached the Central Administrative Tribunal, which ordered the Union of India to …

S.K. SINGHversusCENTRAL BANK OF INDIA AND ORS.

1996 INSC 1201Dismissed

S.K. Singh, a Branch Manager of Central Bank of India, was removed from service after an enquiry found a cash shortfall of Rs. 20,000. He challenged the removal, arguing that the disciplinary authority had not supplied him with a copy of the enquiry report, which he claimed rendered the action …

COMMISSIONER OF POLICE, DELHI AND ANR.versusREGISTRAR, DELHI HIGH COURT, NEW DELHI

1996 INSC 1180Appeal(s) allowed

Former Prime Minister P.V. Narasimha Rao, whose security is covered by the Special Protection Group (SPG) Act, was summoned as an accused before the Tis Hazari Court. The Commissioner of Police, Delhi and the Director of the SPG sought a change of venue, arguing that the court complex could not …

S.K. SATTAR SK. MOHD. CHOUDHARIversusGUNDAPPA AMABADAR BUKATE

1996 INSC 1181Appeal(s) allowed

The appellant, a co‑owner of a shop, obtained a defined share of the premises through a partition among brothers. The respondent, a tenant, continued to pay rent to the elder brother and refused to pay rent to the appellant after the partition, leading to termination of his tenancy and an eviction …

M.C. MEHTAversusUNION OF INDIA AND ORS.

1996 INSC 1179Disposed off

The Supreme Court, hearing a petition filed by environmental activist M.C. Mehta under Article 32, examined the earlier order that prohibited any construction within a 5 km radius of Badkhal Lake and Surajkund in Haryana and mandated conversion of open areas into green belts. Municipal authorities …

THE COLLECTOR OF CENTRAL EXCISE, BARODAversusM/S. THE GAEKWAR MILLS LTD.

1996 INSC 1182Dismissed

Gaekwar Mills Ltd manufactured a fabric consisting of 33% polyester, 32% viscose and 35% cotton. The Collector of Central Excise argued that the fabric should be classified as a cotton fabric under Item 19 of the Central Excise Tariff Schedule, while the CEGAT held that it fell under Item 22 for …

SHIVSAGAR TIWARIversusUNION OF INDIA AND ORS.

1996 INSC 1183Disposed off

The petition challenged the 1994 allotment of 52 shops/stalls by the then Minister of Urban Development, Smt. Shiela Kaul, alleging that the allotments were made arbitrarily to her relatives, friends and staff in violation of the prescribed tender policy. The CBI report confirmed that the minister …

KRISHNAN KAKKANTHversusGOVERNMENT OF KERALA AND OTHERS

1996 INSC 1184Dismissed

The Kerala government issued a circular designating RAIDCO and KAICO as the sole suppliers of pump sets to farmers in eight districts under subsidy schemes, which private dealers challenged as violating their Article 19(1)(g) right to trade and the equality clause, Article 14. The Supreme Court …

STATE OF MADHYA PRADESHversusDR. KRISHNA CHANDRA SAKSENA

1996 INSC 1185Appeal(s) allowed

Dr. K.C. Saksena, a medical officer, was caught in a trap for allegedly demanding a bribe. After investigation, the State Government granted sanction for prosecution under Section 6 of the Prevention of Corruption Act. Before a challan could be filed, Saksena invoked Section 482 of the CrPC and …

STATE OF UTTAR PRADESHversusTHE DISTRICT JUDGE AND ORS.

1996 INSC 1186Appeal(s) allowed

The State of Uttar Pradesh challenged a decision that excluded lands covered by agreements to sell, but not yet transferred by sale deed, from the holding of a tenure‑holder for purposes of the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960. The tenure‑holder argued that having …

K. BASAVARAJAPPAversusTAX RECOVERY COMMISSIONER, BANGALORE AND OTHERS

1996 INSC 1187Dismissed

The appellant, K. Basavarajappa, had entered into an agreement to purchase land from a tax defaulter, Y.S. Devendra Murthy, and filed a suit for specific performance. The land was attached and auctioned by the Tax Recovery Officer under the Income Tax Act. Within 30 days of the auction, the …

H.M.M. LTD.versusCOLLECTOR OF CENTRAL EXCISE, NEW DELHI

1996 INSC 1188Dismissed

The appellant, H.M.M. Ltd., manufactures Horlicks at its Rajahmundry plant using barley malt (Tariff Item 68) as a dutiable input. Only a portion of the finished Horlicks is cleared at Rajahmundry, while the bulk is sent to other factories for packaging and clearance. The appellant claimed credit …

AHMEDABAD MUNICIPAL CORPORATIONversusNAWAB KHAN GULAB KHAN AND ORS.

1996 INSC 1189Appeal(s) allowed

The Ahmedabad Municipal Corporation sought to remove unauthorised hutments erected by pavement‑dwellers on a main road. The High Court stayed the removal until suitable accommodation was provided and required a hearing. On appeal, the Supreme Court held that pavements are public property intended …

KESHAV LAL THAKURversusSTATE OF BIHAR

1996 INSC 1190Appeal(s) allowed

A case was registered under Section 31 of the Representation of People Act, 1950, which is a non‑cognizable offence. The police filed an FIR and investigated, submitting a report seeking the appellant's discharge. The Chief Judicial Magistrate, relying on the report, took cognizance and proceeded …

A. KUMARversusUNION OF INDIA

1996 INSC 1191Disposed off

A. Kumar filed several writ petitions challenging a customs show‑cause notice under Section 124 of the Customs Act, a seizure order under Section 132‑A of the Income Tax Act, and the demurrage rates of the Madras Port Trust. The customs authorities had found that the imported stainless‑steel …

GORAKHNATHversusSTATE OF UTIAR PRADESH AND ORS.

1996 INSC 1192Dismissed

The dispute concerned the grant of an FL‑16 excise licence in Varanasi. The fifth respondent, Mohd. Khalil, held a temporary licence which was cancelled on 3 July 1993 by the District Excise Officer. Assuming a vacancy, a notification was issued and the appellant, Gorakhnath, was granted a licence. …

PRATIBHA PROCESSORS AND ORS., ETC. ETC.versusUNION OF INDIA AND ORS.

1996 INSC 1193Appeal(s) allowed

The petitioners, Pratibha Processors and others, imported polyester filament yarn under an Open General Licence, warehoused the goods and later obtained an Advance Licence under the Duty‑Exemption Entitlement Certificate (DEEC) scheme, clearing the goods with nil duty. The Customs authorities, …

GURU BIPIN SINGHversusSH. CHONGTHAM MANIHAR SINGH AND ANR.

1996 INSC 1194Appeal(s) allowed

The appellant had earlier faced a criminal complaint in 1966 under Section 500 IPC, which was settled by an apology and compromise. In 1990 a fresh complaint was lodged alleging that the appellant, by claiming his book was based on a manuscript of King Bhagyachandra, had forged a false document, …

UNION OF INDIAversusKISHAN CHAND AND ORS.

1996 INSC 1195Appeal(s) allowed

The Union of India acquired land and initially awarded compensation of Rs.2,500 per bigha under the Land Acquisition Act, 1894. The Additional District Judge enhanced the compensation to Rs.5,000 per bigha in December 1973. On further appeal, the Delhi High Court raised the compensation to Rs.12,000 …

MANGLA GIRIversusREGIONAL ADMINISTRATIVE COMMITTEE VARANASI AND ANR.

1996 INSC 1197Dismissed

The petitioner, a government employee, was charged with defalcation of several sums of money and shortage of sugar as per special audit reports for the years 1981-82 and 1982-83. He was given an opportunity to make good the loss but failed to deposit the required amount, after which an order of …

UNION OF INDIA AND ANR.versusSH. BALJIT SINGH

1996 INSC 1198Dismissed

Sh. Baltit Singh, who enlisted in the Army in 1975 and was regularised in 1977, suffered a thigh injury in 1979 while in service. He was medically downgraded, later diagnosed with a psychiatric condition, and invalidated out of service in 1981. He filed a petition for disability pension under Rule …

UNION OF INDIAversusSH. PUNNILAL AND ORS.

1996 INSC 1199Appeal(s) allowed

Sh. Punnilal filed a civil suit seeking promotion from shunter to Driver 'C' and obtained a decree in 1984, which was confirmed and led to his promotion in 1986. He then applied under Section 15 of the Payment of Wages Act for back‑wages, and the prescribed authority ordered payment of Rs. 30,220. …

MRS. NALINI NAVIN BHAGWATI AND ORS.versusMR. CHANDRAVADAN M. MEHTA

1996 INSC 1200Appeal(s) allowed

Manvantrai Mehta died leaving property and a will of his wife Kamlaben. The sons, including Chandravadan Mehta, obtained probate of Kamlaben’s will in 1987. The other children, led by Nalini Navin Bhagwati, filed an application under Section 263 of the Indian Succession Act to revoke that probate. …

VIJAY SINGH ETC. ETC.versusVIJAYLAKSHMI AMMAL

1996 INSC 1174Disposed off

The landlady (respondent) sought eviction of the tenants (appellants) under Section 14(1)(b) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, claiming she needed to demolish an old building to erect a new shopping complex. The Rent Controller found the landlord's requirement bona‑fide …

INDER MANI AND ORS.versusMATHEHWARI PRASAD AND ORS.

1996 INSC 1175Disposed off

The petitioners filed a writ in the Allahabad High Court which was initially listed before Justice A.P. Singh. On 22 December 1995 the Chief Justice reconstituted a Division Bench comprising Justice V.N. Khare and Justice A.P. Singh, but Justice Singh refused to sit on the bench and instead heard …

KARAN SINGHversusSTATE (DELHI ADMN.)

1996 INSC 1176Dismissed

Karan Singh was arrested in 1988 for possessing an unauthorised country‑made pistol and three live cartridges within a TADA‑notified area. The case was initially filed under the Arms Act, but the Metropolitan Magistrate transferred it to a Designated Court under the Terrorist and Disruptive …

STATE OF MADHYA PRADESHversusJAORA SUGAR MILLS LTD. AND ORS. ETC.

1996 INSC 1177Appeal(s) allowed

The State of Madhya Pradesh sought recovery of unpaid sugarcane prices and interest from Jaora Sugar Mills Ltd. and other factories under the Essential Commodities Act, 1955, the Sugarcane Control Order, 1966 and the M.P. Sugarcane (Regulation of Supply and Purchase) Act. The growers and factories …

INDER SINGH AND ANR.versusTHE FINANCIAL COMMISSIONER, PUNJAB AND ORS.

1996 INSC 1178Appeal(s) allowed

The appellants, tenants of agricultural land, applied under Section 22 of the Pepsu Tenancy and Agricultural Lands Act, 1955 in 1960 but were rejected for not having twelve years' continuous possession. A second application in 1965 was allowed, and the Financial Commissioner confirmed the order. The …

HINDUSTAN AERONAUTICS LTD.versusSMT. A. RADHIKA THIRUMALAI

1996 INSC 1171Appeal(s) allowed

Hindustan Aeronautics Ltd. (HAL), a public sector undertaking, had rules permitting compassionate appointments of dependents of deceased employees, subject to vacancy availability (Rule 78.3). After her husband, a Senior Inspector, died in 1987, the respondent applied for such an appointment and was …

STATE OF PUNJAB AND ANR.versusCHARANJI LAL GOEL

1996 INSC 1172Appeal(s) allowed

Charanji Lal Goel, a Punjab government employee, joined the army in 1963 and was released in 1969. After release he was appointed Taxation Inspector in 1970 and was granted seniority from his army entry date under Rule 4 of the Punjab Government National Emergency (Concession) Rules, 1965. In 1972 …

M/S. KILPEST PVT. LTD.versusSHEKHAR MEHRA

1996 INSC 1159Dismissed

Mehra and Dubey, the original promoters of Kilpest Pvt. Ltd., fell out and Mehra was removed as director and denied notice of meetings that led to share allotments favoring Dubey. Mehra filed a petition under Sections 397 and 398 of the Companies Act, 1956 alleging oppression and mismanagement, …

K.K. SIDHARTHANversusT.P. PRAVEENA CHANDRAN AND ANR.

1996 INSC 1160Appeal(s) allowed

The respondent filed a criminal complaint under Section 138 of the Negotiable Instruments Act, alleging that the appellant had issued two post‑dated cheques which were presented and returned unpaid with the endorsement "Payment countermanded by the drawer" and purportedly for insufficient funds. The …

UNION OF INDIA AND ANR.versusSAMAR SINGH AND ORS.

1996 INSC 1161Appeal(s) allowed

The respondent, an IAS officer of the 1962 batch, was promoted to Additional Secretary but was not empanelled for the post of Secretary. He challenged the non‑inclusion before the Central Administrative Tribunal, which held that the Special Committee had acted arbitrarily by not recording reasons …

STATE OF HIMACHAL PRADESHversusSH. KESHAV RAM AND ORS.

1996 INSC 1162Appeal(s) allowed

The State of Himachal Pradesh appealed against a decree that had declared the respondents, Sh. Kesha v Ram and others, as owners in possession of a disputed land parcel (Khasra No. 153/1). The respondents had relied on an alleged order of the Assistant Settlement Officer directing a correction in …

SMT. YALLAWWversusSMT. SHANTAVVA

1996 INSC 1163Disposed off

Basappa filed a divorce petition under Section 13(1)(i‑b) of the Hindu Marriage Act and obtained an ex‑parte decree on 15‑12‑1989. Basappa died on 26‑05‑1990; the wife, Shantavva, claimed she only learned of the decree on 31‑03‑1990 and was not properly served, filing an application under Order IX …

HARIBHAU DAGDU TANDALEversusINDUSTRIAL CO-OPERATIVE ASSOCIATION LTD. AND ORS.

1996 INSC 1164Dismissed

The Registrar, invoking Section 102(1)(a) of the Maharashtra Co‑operative Societies Act, 1960, issued an interim winding‑up order against Industrial Co‑operative Association Ltd and appointed a special liquidator. The society appealed to the State Government under Section 104, but while the appeal …

M/S. LIPTON INDIA LTD. AND ANR.versusSTATE OF KARNATAKA AND ORS.

1996 INSC 1165Appeal(s) allowed

The appellants, Lipton India Ltd., challenged a Karnataka High Court judgment that was based on an affidavit filed by the State Government asserting that a sales‑tax Government Order had not been published in the Official Gazette nor laid before the Legislature. The affidavit, verified by Deputy …

STATE OF ORISSAversusSHARAT CHANDRA SAHU AND ANR.

1996 INSC 1166Appeal(s) allowed

The wife lodged a written complaint with the Women’s Commission alleging that her husband had contracted a second marriage (offence under IPC 494) and was harassing her for dowry (offence under IPC 498A). The Commission forwarded the complaint to the police, who investigated both offences and filed …

STATE BANK OF INDIA AND ORS.versusMANGANESE ORE (INDIA) LTD. AND ANR.

1996 INSC 1167Appeal(s) allowed

The plaintiff, Manganese Ore (India) Ltd., sued State Bank of India (SBI) and an exporter for payment under letters of credit (LC) issued by SBI. The trial court held SBI not liable because the ore supplied did not meet the quality specifications stipulated in the LC, but the High Court reversed …

CHIEF COMMISSIONER, UNION TERRITORY, CHANDIGARHversusJANGI LAL JAIN AND ANR. ETC.

1996 INSC 1168Dismissed

The case arose from a Punjab & Haryana High Court decision that the delegation of power to levy property tax to the Chief Administrator of the Union Territory of Chandigarh under the Capital of Punjab (Development and Regulation) Act, 1952 (as amended) exceeded legislative competence and violated …

DR. ABDUL HAMEED FAZLI AND ANR .versusADAM MALIK KHAN AND ORS.

1996 INSC 1169Dismissed

The petition challenged the appointment of a temporary lecturer at Aligarh Muslim University, alleging that the University's practice of preparing a reserve select list and filling vacancies from it without fresh advertisement violated Section 29(2)(a) of the Aligarh Muslim University Act, 1920. The …

ANUKUL CHANDRA PRADHANversusUNION OF INDIA AND ORS.

1996 INSC 1149Disposed off

The petition under Article 32 sought Supreme Court directions to ensure that investigations by the CBI and other agencies into alleged crimes by public functionaries were completed and charge‑sheets filed. The Court noted that charge‑sheets had already been filed in three cases (St. Kitts forgery, …

LOKNARAYAN PANDE AND ORS.versusSTATE OF MAHARASHTRA AND ORS.

1996 INSC 1150Dismissed

The petitioners, Head Constables in the Maharashtra Subordinate Police Service, sought regularisation for promotion to Sub‑Inspector based on a High Court order that required them to file their willingness within two months. They failed to do so, later filed a special leave petition, and claimed …

SRI HANUMANTHAPPAversusSRI MUNINARAYANAPPA

1996 INSC 1151Appeal(s) allowed

The appellant, Sri Hanumanthappa, filed a partition suit in 1966 and obtained a compromise decree in 1990 granting him a share of 39 guntas of land, for which he was put in possession by the Tehsildar in 1993. The respondent, Sri Muninarayanappa, had purchased the same land from a co‑sharer in 1986, …

JOGINDER TULIversusS.L. BHATIA AND ANR.

1996 INSC 1152Dismissed

The appellant, Joginder Tuli, occupied a premises under a lease dated 21 December 1990 at a rent of Rs.6,000 per month. The respondent, S.L. Bhatia, terminated the tenancy on 15 March 1993 and instituted suit No.133/1993 for possession, valuing the suit at Rs.72,000. The respondent later amended the …

DR. SHIVDEV SINGH GREWAL THROUGH DR. AMRIK SINGH SANDHUversusHARGURBACHAN SINGH GREWAL

1996 INSC 1153Appeal(s) allowed

The appellant, residing in Malaysia, was served summons for a suit seeking declaration of title and possession of property. The suit was decreed ex‑parte on 22 July 1986. Upon learning of the decree on 13 November 1986, the appellant filed an application under Order IX, Rule 13 of the Code of Civil …

UNION OF INDIAversusSHRI UJAGAR LAL

1996 INSC 1154Appeal(s) allowed

The case concerned Shri Ujagar Lal, a retired railway employee who remained in unauthorized possession of railway accommodation for over two years, resulting in the Railway Board’s circular directing that his death‑cum‑retirement gratuity not be paid until he surrendered the quarters. The Central …

OM PRAKASH GARGIversusSTATE OF PUNJAB AND ORS.

1996 INSC 1155Dismissed

The petitioner, a government servant, sought reimbursement of medical expenses incurred for heart disease treatment in a private hospital. Although the amount was eventually disbursed on August 28, 1991, there was a delay, and the petitioner claimed interest at 12% on the delayed payment. The Punjab …

DR. KISHOREversusTHE STATE OF MAHARASHTRA AND ORS.

1996 INSC 1156Dismissed

Dr. Kishore was appointed on an ad hoc basis as Medical Officer (Class III) in Maharashtra on 28 February 1990, with successive extensions. Fearing termination, he filed a writ petition, which was transferred to the Maharashtra Administrative Tribunal. The Tribunal allowed him to continue only until …

STATE OF U.P. AND ANR.versusVED PAL SINGH AND ANR.

1996 INSC 1157Appeal(s) allowed

The respondent, a temporary government employee, was removed from service after being convicted under Section 409 of the Indian Penal Code. He was later acquitted, and sought reinstatement with back wages. The Allahabad High Court directed payment of back wages, but the Supreme Court limited its …

THE STATE OF BIHAR AND ANR.versusNILMANI SAHU AND ANR.

1996 INSC 1158Appeal(s) allowed

The State of Bihar acquired 43.14 acres of land with trees under the Land Acquisition Act, 1894, and the Land Acquisition Officer valued the trees at Rs 2,466, a valuation upheld by the reference court and embodied in a decree dated 27 March 1980. The State paid compensation and the respondents …

KUMBHAR DHIRAJLAL MOHANLALversusSTATE OF GUJARAT

1996 INSC 1142Dismissed

The appellant, Kumbhar Dhirajlal Mohanlal, was charged with murdering his wife, Hansaben, by pouring kerosene on her and setting her on fire. The deceased gave three dying declarations—before a doctor, a head constable, and an executive magistrate—stating that her husband had set her ablaze. The …

STATE OF TAMIL NADUversusSRI SRINIVASA SALES CIRCULATION

1996 INSC 1143Appeal(s) allowed

The Supreme Court examined a coupon scheme operated by Sri Srinivasa Sales Circulation where a customer paid Rs.5 for a coupon, received three coupons for Rs.16 each, sold them to three persons for Rs.5 each, and ultimately obtained an article of his choice after the downstream purchasers cleared …

TAMIL NADU HOUSING BOARD AND ANR.versusP. PARTHASARATHI

1996 INSC 1144Appeal(s) allowed

The respondent applied for allotment of a plot from the Tamil Nadu Housing Board in 1987, paid the required amount, but the plot was later converted into a public road and thus unavailable. After years of inactivity, the Board offered another plot on the condition that the respondent certify he …

THE DEPUTY INSPECTOR GENERAL OF POLICEversusK.S. SWAMINATHAN

1996 INSC 1145Appeal(s) allowed

The respondent, then an Inspector of Police, was named in a charge memo alleging misconduct after a raid uncovered material linking him to illegal payments. He challenged the memo before the Tamil Nadu Administrative Tribunal, which set it aside on the ground that the charges were vague. The Supreme …

DELHI ADMINISTRATION THROUGH ITS CHIEF SECRETARY AND ORS.versusSUSHIL KUMAR

1996 INSC 1146Appeal(s) allowed

The respondent, Sushil Kumar, applied for recruitment as a constable in the Delhi Police in 1989‑90 and was provisionally selected pending verification of his character and antecedents. The verification revealed antecedent records that the appointing authority deemed unsuitable, and his provisional …

UNION OF INDIA AND ORS.versusPRAVEEN GUPTA AND ORS.

1996 INSC 1147Appeal(s) allowed

The Union of India sought to acquire two bighas of land in Siraspur and Libaspur for shifting the timber market under the Delhi Master Plan 2001. The acquisition was effected by a notification under Section 4(1) of the Land Acquisition Act, 1894, with the enquiry under Section 5A dispensed with by …

JANAKI S. MENON AND ORS.versusDR. V.R.S. KRISHANAN AND ORS.

1996 INSC 1148Dismissed

The deceased V. Madhava Raja left unpaid income tax, wealth tax and agricultural income tax. A partition suit was filed, and the State sought to recover the tax dues by attaching the estate, eventually ordering the sale of the property Devi Vilas Palace by public auction. The auction purchaser …

VIJAY SINGH DEORA ETC. ETC.versusSTATE OF RAJASTHAN AND ANR. ETC. ETC.

1996 INSC 1140Disposed off

The Supreme Court examined the method for fixing inter se seniority among three categories of officers (Group A, B and C) in the Rajasthan Engineering Subordinate Service (Irrigation Branch) for promotion to Assistant Engineer. Group A officers were temporarily appointed before 30 June 1978, while …

PUREWAL ASSOCIATES LTD. ETC.versusCOLLECTOR OF CENTRAL EXCISE

1996 INSC 1130Dismissed

The Supreme Court considered two separate appeals concerning the classification of manufactured articles under the Central Excise Tariff. In the first appeal (Civil Appeal No. 2800/84), Purewal Associates Ltd., a watch manufacturer, argued that four watch components (lid screw, barrel axle screw, …

SMT. GANGADEVIversusUNION OF INDIA AND ANR.

1996 INSC 1131Disposed off

The widow of Shrikrishna Gopilal Solanki, who died while detained under COFEPOSA, challenged the forfeiture of her properties under SAFEMA. Solanki had filed a writ petition in the Bombay High Court contesting his detention order, but the petition was dismissed as infructuous on the basis of an …

UNION OF INDIA AND ORS. ETC.versusMETAL BOX CO. OF INDIA LTD. ETC.

1996 INSC 1132Appeal(s) allowed

Metal Box Co. of India Ltd. manufactured aluminium tubes by extrusion and performed post‑extrusion operations such as coating, printing and fitting plastic caps supplied by Colgate‑Palmolive. The Central Excise authority demanded duty on the tubes including the value of the caps, which the company …